96-865� `t0 qbr �,� �
council File # q�o - glo S
Green Sheet # �57��`I
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
WHEREAS, the City of Saint Paul, acting through its Departxnent of Parks and
Recteation, requested a variance to build a domed softball field and that the Saint Paul Boazd
of Zoning Appeals [BZA] in its Resolution No. 92-192, granted the request; and
WHEREAS, certain persons, pursuant to Saint Pau1 Legislative Code § 64.206,
appealed the decision of the BZA to the Saint Paul City Council; and
VJHEREAS, the Council of the City of Saint Paul, after a public hearing on the
matter, first reversed the decision of the Boazd of Zoning Appeals and then, one week later,
reconsidered the matter, affirmed the decision of the BZA and granted the requested variance
subject to those conditions stated in Council File No 92-1592 as approved on October 26,
1992; and
WHEREAS, upon stipulated facts, the matter of the granted variance was appealed to
the Ramsey County District Court and, ulfimately, to the Minnesota Court of Appeals; and
WHEREAS, the Minnesota Court of Appeals, in Saestetter v. Citv of Saint Paul, 529
N.W.2d 488 (Minn. App. 1995) in an opinion dated April 4, 1995, upheld the decision of the
Saint Paul City Council and that this decision by the Court of Appeals was not appealed to
the Minnesota Supreme Court; and
WI�REAS, due to the litigation, the Saint Paul Parks and Recreation Department did
not obtain permits required to erect the dome and that pursuant to Saint Paul Legislative Code
Sec. 64.209 no order of the Board of Zoning Appeals or the City Council permitting the
erection of a building is valid for a period longer than one yeaz unless the Board of Zoning
Appeals or the City Council grants an extension of tnne and that any extension granted my
not exceed one year; and
WHEREAS, the Saint Paul Parks and Recreation Department has now applied to the
Zoning Administrator for a six month eatension of time in which to apply for permits and
proceed with the construction of the domed softball stadium; and
WHEREAS, acting pursuant to authority provided in Saint Paul Legislative Code §
64.204, the Council of the City of Saint Paul does hereby
RESOLVE, that the application by the Saint Paul Parks and Recreation Department for
an extension of tnne not to exceed six (6) months from the date of approval of ttus Resolution
to appiy for and commence construcfion of the subject domed softball stadiums is hereby
granted subject to the following condition:
That a11 of the conditions originally imposed in Council File No. 9$-1592 shall
be and are in all things continued in full force and effect.
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AND BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution
to the Saint Paul Department of Pazks and Recrearion, the Zoning Administrator, the Building
Administrator, the Plauning Commission and the Boazd of Zoning Appeals.
By: � , � !�—
Approved by Mayor: Date Z"l�
B °�c� �
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Form Approved by City Attorney
By ��/�i��WGMY+^�^-� 7i 2•� ` j'6
by Mayor for Submission to
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By: �_ _
Adopted by Council; Date �� C,
Adoption Certified by Council Se retary
Q�-�'GS
DEPARTMENT/OFFICE/CAUNCIL DATE INRIATED. N 3 5 5 8 4
Parks and Recreation 7/25/96 GREEN SHEE _
INRIAVDATE �NITIqWq7E
CONTACT PERSON & PHONE � DEPAFiTMEM DIRECTOR � CfiYCOUNCII
Vic Wittgenste n 266-6409 p���p CRVATfORNEV CINCLEPK
Bob Piram 26�6-6140 NUMBERFON � �
MUST BE ON COUNCIL AGENDA BY (OATE) p��N� � BUDGET OIRECTOR O FIN. & MCaT. SEFVICES OIR.
OHDER MpyOFi(ORASSISTANT) ZoninH
Companion to Res on Sul 31, 1996 � 0
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACfION REQUESTED:
Companion resolution :16=824 - provides the financing for the Sports Dome. This resolution
grants a six-month e�tension of the variance to construct said Dome.
RECAMMENDATIONS: Approve (A) or Rejeet (N) pERSONAL SEFiVICE CONTRACTS MUST ANSWEFi TNE FOLLOWING �UESTONS:
_ PLANNMCa COMMISSION _ CN1L SEpVECE CAMMISSION 1. Ha5 Ulis pef50nlfiml Evef W0�1ced UntlEr a WnttdCt fOf thiS depdrtmeM? -
_ CIB COMMr77EE _ YES NO '
— � A � 2. Has this person/firm ever been a Ciry employee?
— YES NO
_. DISiRIC7 COURi _ 3. Does this personRirm possess a skill not normally possessed by any curtent city employeel
SUPPOflTS WH�CH COUNpL O&IECTIVE7 YES NO
Explain all yes answen on seperate aheet antl ettach to graen sheet
INITIATING PROBLEM, ISSUE. OPPOFiTUNffY (WM, Whet, When. Where, Why):
Due to court challenges the Parks and Recreation Divison was unable to complete the
construction of the Dome during the variance time lines. Thus, the Parks and Recreation
Division xequests a six month extension of the variance time lines for the construction as
a companion resolution with the financing resolution scheduled before the City Council on
July 31, 1996.
ADVAP3TAGES IF APPROYED'.
In concert with Resolution 96-824, this resolution wili provide Parks & Recreation the
opportunity to construct the Dome, upgrade the fields, install upgraded lighting, add 135
parking spaces, modify ingress and egress off of Rice Street so the new signal light will be
progrannned for both the new Arlington High School and the RiceJArlington Fields, landscaping,
etc.
DISADVANTAGES IFAPPROVEO:
None cited.
DISAOVANTA6ES IF NOT APPROVED'
None of the advantages cited above will done.
TOTALAMOUNT OPTHANSACTION S -8— COSTlREVENUE BUDGE7ED (CIRCLE ONE) VES NO
FUNDING SOURCE ACTIVI7Y NUMBER
FINANCIAL INFORMATION� (EXPLAIN)